2017 Tennessee Code
Title 35 - Fiduciaries and Trust Estates
Chapter 8 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 35-8-114. Disclosure of other digital assets held in trust when trustee is not original user.
- (a) After an opportunity for a hearing under title 34, chapter 1, the court may grant a guardian or conservator access to the digital assets of a minor or person with a disability.
- (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or conservator the catalogue of electronic communications sent or received by a minor or person with a disability and any digital assets, other than the content of electronic communications, in which the minor or person with a disability has a right or interest if the guardian or conservator gives the custodian:
- (1) A written request for disclosure in physical or electronic form;
- (2) A certified copy of the court order that gives the guardian or conservator authority over the digital assets of the minor or person with a disability; and
- (3) If requested by the custodian:
- (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the minor or person with a disability; or
- (B) Evidence linking the account to the minor or person with a disability.
- (c) A guardian or conservator with general authority to manage the assets of a minor or person with a disability may request a custodian of the digital assets of the minor or person with a disability to suspend or terminate an account of the minor or person with a disability for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian or conservator authority over the property of the minor or person with a disability.
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